Practice Areas

Canada Lists U.S. Goods for Possible Retaliation in Country of Origin Labeling Dispute

Monday, June 10, 2013

Sandler, Travis & Rosenberg Trade Report

Canada’s trade and agriculture ministers released June 7 a list of U.S. goods that could be subject to retaliation in an ongoing dispute over U.S. country of origin labeling regulations for meat. The Department of Agriculture recently issued a final rule revising these regulations as of May 23 in response to an adverse World Trade Organization ruling, but the two officials said that rule merely perpetuates a “protectionist policy” that is “severely damaging to Canadian industry and jobs.” Canada will therefore “pursue a fair resolution of this issue through the WTO over the next 18 to 24 months,” which may include retaliation against some or all of the U.S. goods set forth below (listed by Harmonized System heading or subheading) if authorized by the WTO. While the form of such retaliation would likely be higher tariffs on imports of these goods into Canada, the officials gave no indication as to how high those duties may go or whether alternate measures are under consideration.

01.02: live bovine animals

01.03: live swine

02.01: meat of bovine animals, fresh or chilled

02.02: meat of bovine animals, frozen

02.03: meat of swine, fresh, chilled or frozen

0207.13.10: cuts of offal, fresh or chilled, of spent fowl

0406.90: cheese, not including the following: fresh (unripened or uncured) cheese, whey cheese or curd; grated or powdered; processed cheese; blue-veined cheese or cheese containing veins produced by Penicillium roqueforti

0808.10: apples, fresh

0809.29: cherries, other than sour cherries

0812.10: cherries, provisionally preserved (unsuitable in that state for immediate consumption)

10.05: corn (maize)

1006.30.00: semi-milled or wholly milled rice, whether or not polished or glazed

1602.32.92: prepared or preserved-specially defined mixtures, other than in cans or glass jars; spent fowl other than in cans or glass jars

1602.49: prepared or preserved swine cuts, other than ham and cuts thereof; other than shoulder and cuts thereof

1602.50: prepared or preserved meat of bovine animals

1702.20: maple sugar and maple syrup

1702.40.00: glucose and glucose syrup, containing in the dry state at least 20 percent but less than 50 percent by weight of fructose, excluding invert sugar

1702.60.00: certain fructose and fructose syrup, containing in the dry state more than 50 percent by weight of fructose, excluding invert sugar

1806.20: chocolate and other food preparations containing cocoa-preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg

19.02: pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagna, gnocchi, ravioli, cannelloni; couscous, whether or not prepared

19.04: prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize [corn] in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included